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Legal Memorandum: Third Party Beneficiary in VI

Issue: Under Virgin Islands contract law, is a defendant an intended third-party beneficiary to an agreement because it was not entered into for the defendant’s direct benefit?

Area of Law: Business Organizations & Contracts
Keywords: Third-party beneficiary; Contract law
Jurisdiction: Virgin Islands
Cited Cases: 994 F. Supp. 634
Cited Statutes: None
Date: 04/01/2006

The leading case in the Virgin Islands on the issue is Kmart Corp. v. Balfour Beatty, Inc., 994 F. Supp. 634, 38 V.I. 251 (D.V.I. 1998), in which defendant is at most an incidental beneficiary.   See also E.I. DuPont de Nemours & Co. v. Rhone Poulenc Fiber & Resin Intermediates, 269 F.3d 187 (3d Cir. 2001).

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